The Board of Supervisors of the County of Inyo, State of California, met in regular session at the hour of 10:00 a.m., on Tuesday, April 12, 2005, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:Chairperson Ted Williams presiding, Linda Arcularius, Susan Cash, Jim Bilyeu, and Richard Cervantes.Supervisor Richard Cervantes provided the Invocation, and Supervisor Williams led the Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period.Mr. Jeff Quackenbush, of the Lone Pine Economic Development Corporation, informed the Board of CDBG Grant funding which may be available to the County.Mr. Francis Pedneau, Lone Pine Resident, addressed the Board to dispute information contained in a recent letter he received from Supervisor Cervantes and to once again request the Board of Supervisors take a position on the closure of Haiwee Reservoirs.Supervisor Cervantes thanked Mr. Pedneau for continuing to bring his concerns to the Board and explained that he has always opposed the closure.The Board requested that the County Administrator agendize an item for Board consideration on the closure of Haiwee Reservoirs.

County Dept. Reports

The Chairperson announced the County Department Report period.Mr. George Milovich updated the Board on the Mosquito Abatement Benefit Assessment ballot, explaining that the information he has been receiving indicates support for the ballot.

Planning/Rousek GPA, Ord., CUP, and Parcel Merger

The Chairperson opened the public hearing at 10:30 a.m., on the following for property located at 1313 Rowan Lane: (a)General Plan Amendment #2003-01/Rousek to change the General Plan designation from “Retail Commercial” to “Light Industrial”; (b) on a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification No. 2003-01/Rousek and Amending Title 18 of the Inyo County Code, the Inyo County Zoning Ordinance, by Reclassifying a 38,083 Square Foot Parcel of Property Located at 1313 Rowan Lane (APNs 10-302-05 and 10-302-06) in the Community of Bishop From C-2-10,000 (Highway Services and Tourist Commercial, 10,200 Square Feet Minimum) to M-2 (Light Industrial;)” (c) Conditional Use Permit #2004-03/Rousek for an increase of Floor Area Ratio (F.A.R.) to 1.0; and (d)Parcel Merger #2003-01/Rousek to create a single parcel from two separate parcels.Ms. Tanda Gretz, Planner, presented the Board with a revised Agenda Request Form and requested that it replace the Agenda Request Form previously provided and be entered into the record.It was marked Exhibit A.She went on to review the Staff Report and recommendations in detail.She noted that the project would now have 19 parking places.At the conclusion of her remarks she requested that the Staff Report and all attachments be entered into the record and it was marked Exhibit B.The Applicant’s Architect, the Applicant, Mr. Rousek, and the Company’s Sales Manager, Mr. Pietrasanta, addressed the Board to support the project.The Board and Mr. Rousek discussed the status of the relocation of the Matlick House, with Mr. Rousek explaining that he has a viable person interested in the house and that he will continue to attempt to find a resolution to the relocation problem until it is no longer feasible for him to delay his expansion plans.Ms. Pam Mitchell requested and was provided information regarding the zoning change and the impact on local jobs.There being no one else wishing to address this item, the Chairperson closed the public hearing at 11:05 a.m.

Resol. #2005-16/ Rousek GPA, CUP, Parcel. Merger. & CEQA Findings

On a motion by Supervisor Arcularius and a second by Supervisor Cash, Resolution No. 2005-16 was adopted approving the following: General Plan Amendment 2003-01/Rousek; Conditional Use Permit #2004-03/Rousek; Parcel Merger #2003-01/Rousek; and certifying that the requirements of the California Environmental Quality Act have been met: motion unanimously passed and adopted.

Planning Rousek Zone Reclass

Moved by Supervisor Arcularius and seconded by Supervisor Cash to waive the first reading of the ordinance approving Zone Reclassification #2003-01/Rousek and schedule the enactment for 10:00 a.m., Tuesday, April 19, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.Motion carried unanimously.

Resol. #2005-17/ Valley Electric Assoc. Utilities Franchise

On a motion by Supervisor Cash and a second by Supervisor Bilyeu, Resolution No. 2005-17 was adopted, stating the Board’s intention to grant non-exclusive utilities franchise to Valley Electric Association, Inc., Fish Lake Valley, allowing Valley Electric Association, Inc., to use County rights-of-way to transmit and provide electricity in the County specifically, the Fish Lake Valley region, Inyo County and setting a public hearing for 10:30 a.m., Tuesday, May 10, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence:motion unanimously passed and adopted.

Parks/L.P. Park and Little League Field Lease

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the modification to the lease between the County of Inyo and the City of Los Angeles, Department of Water and Power for the 4.13 acres utilized for the Lone Pine Park and Little League Field increasing the liability insurance coverage from $1-million to $5-million as required; and authorize the Chairperson to sign.Motion carried unanimously.

Senior Prgm./ Vehicle Repair

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to ratify and approve the repair of the IMAAA meal delivery vehicle #6763, a 1993 Chevy Blazer, including payment to Sierra Auto Body Works in the amount of $2,405.76.Motion carried unanimously.

HHS-Behavioral Hlth./Ernst Contract

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Gary Ernst for fiscal consulting services, in an amount not to exceed $17,000 for the period of April 15, 2005, through June 30, 2006, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 11:10 a.m., reconvening at 11:17 a.m., with all Board Members present.

Ord. 1094/Solid Waste Fees

On a motion by Supervisor Cash and a second by Supervisor Bilyeu, Ordinance 1094 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Repealing Inyo County Ordinance No. 1086 and Establishing Solid Waste Disposal Fees;” was adopted: motion unanimously passed and adopted.

Resol. #2005-18/ Conn Appeal Denial

The Chairperson opened the public hearing at 11:25 a.m., to consider the appeal of Richard B. and Sue C. Conn of the February 23, 2005 Planning Commission decision to approve Vesting Tentative Parcel Map No. 350/Laverty (Revised).Ms. Jan Larsen, Planner, addressed the Board to review the Staff Report and recommendations in detail.At the conclusion of her remarks, she requested that the Staff report and the attachments be entered into the record and it was marked Exhibit A.Mr. Laverty’s attorney, Mr. Liebersbach addressed the Board to support the Parcel Map.Mr. James Bassage addressed the Board to support the Conn’s appearl, and submitted a letter, which was marked Exhibit B and a petition signed by the residents of McLaren opposing the Parcel Map, which was, marked Exhibit C.Mr. Harry Peterson addressed the Board to support the Conn’s appeal and to submit three copies of the three notices of public hearing he had received along with the envelopes, which were marked Exhibit D.County Counsel, Mr. Paul Bruce, provided information on CC&Rs, explaining that the enforcement of CC&Rs is the responsibility of the members of the community governed by the CC&Rs and that the County has nothing to do with their enforcement.There being no one else wishing to address this issue, the Chairperson closed the public hearing at 11:55 a.m.The consensus of the Board was that there was no preponderance of the evidence by which the Board could support the appeal.The Chairperson indicated a desire to make the motion on this item, and turned the meeting over to the Vice-Chairperson Supervisor Cash, who called for a motion.On a motion by Supervisor Williams and a second by Supervisor Bilyeu, Resolution No. 2005-18 was adopted, denying the appeal and affirming the February 23, 2005 Planning Commission decision to approve Vesting Tentative Parcel Map No. 350/Laverty (Revised): motion unanimously passed and adopted.The Vice-Chairperson turned the meeting back over to the Chairperson.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:05 p.m., to reconvene at 1:15 p.m., in open session, with all Board Members present.

BofS/Manzanar Update

Mr. Frank Hayes, Superintendent of Manzanar National Historic Site, reviewed the past, present and future activities at the Manzanar National Historic Site, including providing visitation numbers, announcing the Water Color Art Exhibit currently on display, the restoration of the historic orchards, an upcoming UCLA musical based on the Manzanar experience, and the annual Pilgrimage.

He went on to inform the Board that representatives from Modoc County might be contacting the Board Members to garner their input on the County’s experience with Manzanar and the NPS, explaining that a group from Northern California is interested in preserving the Tule Lake Interment Camp site.

Planning-Yucca Mtn./DC Trip Update

Supervisors Williams and Cervantes updated the Board on their recent trip to Washington, D.C. regarding the Yucca Mountain Project.Supervisor Williams presented the Board with a copy of a letter co-signed by Senators Feinstein and Boxer to the Department of Energy (DOE) supporting the historic Affected Units of Local Government (AULGs) funding for Inyo County.The Board went on to discuss an offer by DOE to attempt to negotiate with Nye County for a $450,000 payment to Inyo County out of this year’s AULGs allocation.Supervisor Williams informed the Board that DOE would not support the 7.49% historic funding for Inyo County this year.He went on to explain that DOE had requested Inyo County’s position on their offer to negotiate a higher percentage then currently recommended by the AULGs of $285,000.Moved by Supervisor Cash and seconded by Supervisor Bilyeu to reject the offer by DOE to negotiate with Nye County for a $450,000 AULG allocation for Inyo County and to direct Staff to notify the DOE of the Board’s decision and to continue to advocate for the full allocation of the historic 7.49% of the AULGs allocation for Inyo County. Motion carried unanimously.

Treasurer/Lease Purchasing Agreement for Network Project

The Treasurer-Tax Collector and Auditor-Controller provided additional information and further explanation on the recommendation to enter into a Lease/Purchase Agreement with the Banc of America Leasing for the financing of the County financial and infrastructure projects.The Auditor provided a detailed analysis of funding streams, which would become available in the future to pay for this debt.They included: VLF restored in 2006 in the amount of $300,000, ERAF III payment ending in January, 2006 in the amount of $145,000, the General Fund portion of the Coso repayment ending in August, 2006 in the amount of $150,000 and the final payment on the Sheriff’s Radio Network Lease in 2008 in the amount of $476,000 annually.Supervisor Arcularius reiterated that by the County authorizing the expenditure of these funds to pay the debt incurred by the approximate $2.2 million for the network and infrastructure projects, this money would no longer be available to help provide ongoing services in future years.She also reminded the Board that these funds are available as the result of previous budget “belt tightening” over the last several years.Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the Indicative Proposed Lease/Purchase Agreement with the Banc of America Leasing for the financing of the County’s New Computer Financial System and Systems Infrastructure reflecting a maximum purchase price of $2,200,000; and authorize the County Administrator to sign.Motion carried unanimously.

Treasurer/Treasury Status Report

The Treasurer-Tax Collector took the opportunity to briefly review the Treasury Status Report for the Quarter Ending March 31, 2005, noting that this item is traditionally an informational item.

Sheriff/Dispatcher Position

Undersheriff Jack Goodrich provided additional information and further justification for the need to fill the Public Safety Dispatcher position.He clarified that there was not a conflict issue for Supervisor Bilyeu, in that the person holding the position temporarily, a member of Mr. Bilyeu’s family, would have to go through the recruitment process if they were to seek the position permanently.Moved by Supervisor Arcularius and seconded by Supervisor Cash to waive the hiring freeze and authorize the filling of one vacant, budgeted Sheriff’s Public Safety Dispatcher position, at Range M50 ($2,056 - $2,498) through Range M54 ($2,252 - $2,739), based on qualifications.Motion carried unanimously.

Planning/Quad Knopf and Crystal Geyser Roxane Contract Amendments.

Ms. Jan Larson, Planner, reviewed the Quad Knopf and Crystal Geyser Contract Amendments.Moved by Supervisor Cash and seconded by Supervisor Bilyeu to A) ratify and approve (a) Amendment Number Two to the Agreement between the County of Inyo and Quad Knopf, Inc., consultants, increasing the amount payable under the Contract to an amount not to exceed $121,308 and (b) Amendment Number Two to the Agreement between the County of Inyo and Crystal Geyser Roxane for the provision of environmental review and processing services, increasing the amount payable under the Contract to an amount not to exceed $151,635; and (c) authorize the Chairperson to sign agreements, contingent upon the appropriate signatures being obtained; and B) amend the FY 2004/05 Planning and Zone Budget Unit 023800 by increasing estimated revenue in Services and Fees (Revenue Code #4819)by $26,900 and increasing appropriations in Professional and Special Services (Object Code #5265)by $21,520.Motion carried unanimously.

Senior Prgm./MAA Contract

Mr. Charles Broten, Senior Program Director, provided additional information on the agreement with the State, which provides the County with Medi-Cal Administrative Activities reimbursement. The Board thanked Mr. Broten for the work he has done on the MAA Program and on the success of the Program.Moved by Supervisor Arcularius and seconded by Supervisor Cash to ratify the Agreementbetween the County of Inyo and State of California for reimbursement of Medi-Cal Administrative Activities (MAA) in the amount of $900,000; and authorize the Acting LGA Coordinator to sign.Motion carried unanimously.

Museum/Global Languages Materials Grant

Mr. Bill Michael, Library/Museum Director, provided additional information regarding the Global Languages Materials Grant and the types of equipment, which will be purchased.Moved by Supervisor Cash and seconded by Supervisor Cervantes to A) ratify acceptance of a Global Languages Materials Grant from the California State Library in the amount of $3,000 for FY 2004-05; B) authorize the Library Director to sign the required forms and certifications; C) amend the FY 2004-05 Library Budget Unit 066700, by increasing revenue in State Grants (Revenue Code #4498) by $3,000 and increasing appropriations in Library Books (Object Code #5325) by $3,000; and D) approve the purchase of appropriate materials in an amount not to exceed $3,000.Motion carried unanimously.

Board Members and Staff Reports

The County Administrator in response to a question from Mr. John Klusmire, Inyo Register Reporter, confirmed that the Long Term Water Agreement requires an environmental document on the proposed land releases, which the County is pursuing.Supervisor Arcularius requested that an item be placed on next week’s Agenda for the Board to discuss the County’s position on PILT funding and the NACo Annual Fly-in.

County Counsel reported that the Board with regard to Agenda Item No. 18. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Samuel Garcia and Juana Garcia v. County of Inyo and DOES 1 through 100, Inyo County Superior Court Case No. SICVCV-05-38559, which was a personal injury case resulting from a single vehicle roll-over accident occurring on Gil Sta Road alleging a dangerous condition of public property, the Board authorized and directed, in a unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes voting yes, to defend the County in this matter.

Adjournment

The Chairperson adjourned the regular meeting at 6:15 p.m., to 9:00 a.m., April 19, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.